The Chamber of Deputies approved today (22), in the first round, the Proposal for Amendments to the Constitution (PEC) 39/11, which transfers to states and municipalities the navy lands occupied by the public service of these governments. There were 377 votes in favour, 93 against and one abstention. According to the proposal, areas close to the sea, at the limit of a strip of land of 33 meters along the entire Brazilian coast, which have built-up land that house public buildings, will be transferred to the federative entities. 
The proposal says that the Union will only keep the unoccupied areas, those covered by federal environmental units and those used by the federal public service, including for the use of concessionaires and permissionaires, such as for port facilities, conservation of historical and cultural heritage, among others. .
The approved text, authored by the rapporteur, Alceu Moreira (MDB-RS), also provides for the transfer of land title to private occupants, upon payment. In addition, the PEC also prohibits the collection of laudemium, a fee paid by landowners to landowners every time there is a real estate transaction on marine land.
In order to acquire definitive possession of the marine land, foreiros and private occupants regularly registered with the Secretary of Heritage of the Union (SPU) may deduct from the amount payable what has already been paid as an occupancy tax or forum in the last five years. , updated by the Selic rate.
Earlier, the president of the House, Arthur Lira (PP-AL) cited the case of Petrópolis, where residents pay a 2.5% tax on land transactions for descendants of Emperor Dom Pedro II and said that the collection of the laudêmio it has no logic. The municipality was hit by heavy rains in recent days that so far, 183 people have been killed..
“It makes no sense for you to remain with a laudêmio charge, and not only in the case of Petrópolis, but in the case of the whole of Brazil”, he said.
In the case of non-registered occupants, the purchase of the land will depend on the occupation having taken place at least five years before the publication of the amendment and formal proof of good faith. Additionally, the Union may cede the areas.
Real estate speculation
During the discussion of the proposal, some deputies took a stand against the PEC, with the argument that the measure will favor real estate speculation, removing the poorest from areas considered “noble” and aggravating the environmental imbalance.
Deputy Nilto Tatto (PT-SP) recalled that the Chamber had already discussed the issue of land tenure regularization and that, at the time, one of the arguments was that the measure would solve the problem of small farmers in the Amazon and other biomes in the country.
“Since then, the land ownership problem of the small ones has not been solved, the land problem for the quilombola communities, for the caiçaras, for the fishermen of indigenous lands has not been solved,” he said. “The approval of this PEC will encourage real estate speculation on the Brazilian coast. In every municipality in Brazil there is real estate pressure,” he added.
For the deputy, the PEC is against sustainable development and favors another proposal that must be voted on by the Chamber and which provides for the release of games, such as bingos and casinos in the country. The president of the House said that the project, which allows the implementation of casinos in resorts, should be voted on tomorrow (23).
“For this, it is important that areas, marine lands and beaches, which are owned by the Brazilian people, are also available for the construction of resorts, of large hotels, which will generate half a dozen jobs”, criticized Tatto.
“This PEC does not dialogue with sustainable tourism, which will value Brazilian socio-biodiversity. We need a policy that gives tranquility to fishermen, caiçaras, quilombolas, indigenous people who still manage to inhabit the few spaces on the Brazilian coast” , he said.
Reporter
The proposal’s rapporteur said that the measure will favor groups that live on these lands, such as fishermen. According to Moreira, residents who earn less than 5 minimum wages will be entitled to transfer the land free of charge.
“It’s the fishermen. They will keep their land, they will be able to settle in without paying anything at all,” he said. “What will happen is that we will release pieces of prime land to the cities, where the population will be able to make large investments, enjoy these areas and integrate them into the urban situation of the municipalities, transforming them into absolutely beautiful and qualified. That’s what we’re going to do with this PEC”, he countered.
The text will have to be voted on again, in the second round, in the Chamber of Deputies, before going to the Senate. For a PEC to be approved, at least 308 deputies must vote.
